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SB381 SUB1 Senate Bill 381 History

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COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 381

(By Senators Wells, Unger, Jenkins, Foster, McCabe, Plymale, Beach, Klempa, D. Facemire, Nohe, Yost, Sypolt and Kessler (Acting President))

____________

[Originating in the Committee on Education;

reported February 23, 2011, 2011.]

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A BILL to amend and reenact §15-1B-21 of the Code of West Virginia, 1931, as amended, relating to expanding certain education opportunities for members of the National Guard; authorizing payments for certain qualified educational expenses; prescribing certain limitations and conditions; defining certain terms; clarifying rule-making requirements; and making technical corrections.

Be it enacted by the Legislature of West Virginia:

    That §15-1B-21 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1B. NATIONAL GUARD.

§15-1B-21. Tuition and fees for guard members at institutions of higher education.

    (a) For the purposes of this section, "certificate" means a defined program of study in a specific occupational area consisting of a minimum of thirty collegiate hours.

    (a) (b) Any A member of the Army National Guard or Air National Guard who is enrolled in a course of undergraduate study or a an educational program which leads to a certificate, undergraduate degree, master’s degree program, doctor of medicine program or a doctor of osteopathic medicine, program and who is attending any an accredited community and technical college, college, university, business, or career-technical, vocational, trade or aviation school located in West Virginia or is attending any aviation school located in West Virginia for the purpose of taking college-credit courses, may be entitled to payment of tuitions and fees at that college, university, business or trade school or aviation school for that program during the period of his or her service in the National Guard.

    (c) The Adjutant General may prescribe criteria of eligibility for payment of tuition and fees. at the college, university, business or trade school or aviation school. The payment is contingent upon appropriations being made by the Legislature for this the express purpose of this section.

    (1) A member may receive payment for only one certificate, undergraduate degree and master’s degree pursuant to this section.

    (2) Not more than two members a year may be selected to receive payment for either a doctor of medicine or doctor of osteopathic medicine degree pursuant to this section.

    (3) A member who is selected to participate in the doctor of medicine or doctor of osteopathic medicine degree program shall agree to remain a member of the National Guard and shall practice medicine in the State for at least ten years. A member who fails to meet the terms of his or her agreement is subject to recoupment for all monies paid pursuant to this subsection.

    (b) (d) The amount of the payment for members a member attending a state-supported school shall be is determined by the Adjutant General and may not exceed the actual amount cost of tuition and fees at the school. The amount of the payment for members a member attending a private school shall be is determined by the Adjutant General, but in any event and may not exceed the highest amounts amount payable at any state-supported school.

    (c) (e) Any A member of the Army National Guard or Air National Guard who is enrolled in a course of undergraduate study, or a master’s degree program, and is attending any accredited college or university located in West Virginia and is receiving payments under a federally funded continuing education system and who is eligible to receive tuition and fee payments pursuant to this section may be entitled to payment of tuition and fees at that college or university during his or her period of service in the Army National Guard or Air National Guard: Provided, That under this section. The sum of payments received under this subsection section and a federally funded continuing education system may not exceed the actual amount of tuition and fees at the school and in no any event may not exceed the highest amounts amount payable at any state-supported school. The payments are contingent upon appropriations being made by the Legislature for this express purpose.

    (d) (f) The Adjutant General may, in lieu of the tuition payment authorized by this section, pay an amount equal to the amount of tuition which otherwise would have been paid directly to members For a member of the West Virginia Army National Guard or West Virginia Air National Guard who are is participating in the PROMISE Scholarship program provided in article seven, chapter eighteen-c of this code, the Adjutant General may pay directly to the member an amount equal to the amount of tuition and fees which otherwise would have been paid to the school.

    (e) (g) A member of the West Virginia Army National Guard or West Virginia Air National Guard who is receiving payments for tuition and fees under this section and is discharged from the military service due to wounds or injuries received in the line of duty may continue to receive payments for tuition and fees under this section as if he or she were still a member.

    (f) (h) The Adjutant General shall administer the tuition and fee payments authorized under this section and shall propose policies to implement the provisions of this section. promulgate rules to implement the provisions of this section and shall administer the tuition and fee payments authorized.

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